I'm no patent lawyer, but from a layman perspective, how is this reasonable at all? This seems equivalent to buyers of second hand books being forced to pay royalties to the original author.
Cases similar to that certainly exist. In the UK you can owe royalties up to 4% when buying a piece of art on the secondary market, for example.
I'm also no lawyer, but it's worth pointing out that there are plenty of publishers (and not a few authors) who will argue that corner - they certainly think it reasonable.